Subclass 482 Visa Refused After Nomination Approval: What Can You Do?

Why an approved nomination does not guarantee a visa

The employer nomination addresses the proposed position and applicable nomination requirements. The worker’s visa application must independently satisfy its criteria, which can include relevant work experience, English, skills assessments where required, health, character and identity. The Department can therefore approve the nomination but refuse the visa. A successful nomination is important evidence, not an automatic entitlement to a grant.

Start with the actual refusal decision

Read the full decision record and identify the precise clause or Public Interest Criterion that was not met. A refusal about work experience requires different evidence from one about English, professional registration, health or false information. A generic letter explaining how much the employer needs the worker will rarely resolve an applicant-specific criterion. Obtain the documents submitted with the original application and compare them against the decision-maker’s findings.

Can the worker seek ART review?

Review rights depend on the decision, the relevant legislative provisions, standing, location and strict time limits. Do not assume every 482 refusal has identical review rights or that the worker is always the correct review applicant. Examine the refusal notice immediately. Where review is available, establish the filing deadline, required fee and evidence strategy before lodging.

What should the sponsoring employer do?

Confirm that the nominated position remains available and that the nomination remains valid. Preserve the contract, salary evidence, business structure, worksite information and correspondence. If the employer changes the duties, salary, location or employing entity, that may require separate nomination advice. Employer support should address the criterion that failed, rather than simply asserting the applicant is valuable.

Example: disputed skilled work experience

A sponsored technical specialist is refused because the Department is not satisfied with the claimed employment history. A targeted response may include detailed references, contracts, payslips, tax records, duties and a chronology reconciling overlaps or gaps. The relevance of later-acquired experience depends on the applicable criterion and review stage. Do not invent responsibilities or alter documents to fit an occupation description.

Example: English or skills assessment

A candidate believes a qualification or employer recommendation removes the need for an English test or mandatory skills assessment. The legal question is whether a specific exemption applies under the current instruments and the nominated occupation. Nomination approval does not replace a required assessment. Verify the law applicable to the relevant application and any transitional rules.

Bridging visa and section 48 implications

An onshore refusal can affect the applicant’s bridging visa and future applications. Check VEVO, the refusal notice and any review arrangements. A pending ART review does not automatically permit international travel. If a fresh visa application is contemplated, section 48 and other application-validity restrictions may matter. An offshore applicant has different location considerations.

Review or reapply?

The correct choice depends on the defect, review rights, nomination status, employer support and the applicant’s immigration position. A new application can sometimes resolve missing evidence, but not if the applicant is barred from making it. Emigrate Lawyers can review the refusal record and coordinate with the employer. See our national 482 visa lawyers service and employer sponsorship guide.

Frequently asked questions